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USCIS revises guidance regarding forms and fees to align with USCIS fee rule

  1. Date Announced

    Sept. 2, 2020

    USCIS issued a policy alert notifying stakeholders that it is revising its guidance regarding forms and fees to align with the USCIS Fee Schedule, effective October 2, 2020.

    On or after October 2, 2020, USCIS will only accept new versions of the following forms:

    • Petition for Nonimmigrant Worker: H-1B or H-1B1 Classifications (Form I-129H1)
    • Petitions for H-2A and H-2B Workers (Forms I-129H2A and I-129H2B)
    • Petition for Nonimmigrant Worker: L Classification (Form I-129L)
    • Petition for Nonimmigrant Worker: O Classification (Form I-129O)
    • Application for Nonimmigrant Worker: E and TN Classification (Form I-129E&TN)
    • Petition for Nonimmigrant Worker: H-3, P, Q, or R Classification (Form I-129MISC)
    • Request for Action on Approved Form I-600/I-600A (Form I-600/I-600A, Supplement 3)
    • Application for Employment Authorization (Form I-765)
    • Request for Fee Waiver (Form I-912)

    Additionally, USCIS is changing its premium processing timeframe to 15 business days (from 15 calendar days), announces the service fee may be adjusted for inflation, and says it will refund some fees if it does not complete the adjudication within 15 business days.

    USCIS also revises its guidance regarding eligibility for fee waivers, fee payments for adjustment applicants, and procedures for using Signature Confirmation Restricted Delivery (SCRD). [ID #1067]

    View Policy Document
  2. Effective Date of Change

    Oct. 2, 2020
  3. Subsequent Action

    September 29, 2020

    On September 29, 2020, N.D. Cal. granted a preliminary injunction, staying the implementation and effective date of the USCIS Fee Rule.

    ILRC et al. v. Wolf (N.D. Cal. Sept. 29, 2020)
  4. Subsequent Action

    October 9, 2020

    On October 9, 2020, D.D.C. granted a preliminary injunction, staying the effective date of the Final Rule pending resolution of the matter or further order of the court.

    **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

    Northwest Immigrant Rights Project v. USCIS, Civil Action No. 19-3283 (DDC Oct. 9, 2020).

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